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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22977
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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An ex-employee has been paid $855 in error. We notified her

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An ex-employee has been paid $855 in error. We notified her the day it went into her account. She knows it's not her money. She's refusing to pay it back. I want to take her to court for return of the money.

Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : You are entitled under the Judicature Act to sue her for return of the money paid in error. In some circumstances where the person from whom relief is sought received the payment in good faith and has so altered her position in reliance on the validity of the payment then this is not possible. But if she was promptly advised, then she has no defence.

So can I take her to small claims tribunal through the Ministry of Justice?

Chris The Lawyer : Yes, that would work. You can apply online too at this address
Chris The Lawyer :

Awesome. Thank you.


Is there anything that will help my claim at the tribunal?

Chris The Lawyer : Citing the Judicature Act 1908, and emphasising this was a mistake, and that you asked promptly for a refund, are the essential elements

Many thanks. Charlotte.

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